I want to sue my lawyer and along with my wifes lawyer for criminal misconduct amd malparactice.

Please help!
The legal system has got their hand in my pockets and I can not get them out! I am a dentist practicing in Seattle. About four months a go my wife whent to an attorney to see if she could file for a divorce and what she could gain. They did! and with her attorneys greatly exagurated accusations they went for private mediation. My attorney has not done a thing for me. I ended up with all of my assets frozen on hold, a huge alimony payment where I am left with a couple of thousand to live on and a restraining order. In the meantime my wife contacted me to make up and she was sorry about the whole thing. We did make up, however, although we both wanted out of the whole litigation affair and go back to way we were , we could not!! Although she(fired) released her extremely aggresive attorney twice, her attorney was able to manupulate my wife to go back and continue with the proces, while my attorney has not been able to stop the process in two weeks when my wife was more than willing to comply. I think both attorneys are cooperating to run me down for their own monetary gain. I have already spent over twenty thousand dollars without gaining anything. Just last week we were fine until she talked to her attorney and we are back to step one. I am about to go crazy.
I can prove our good will with the letters she sent me, along with letters she sent a mutual friend clearly stating her will to reconsoliate.
Can someone help us? I am very confused about the system and its abuse of law abiding good citizens. Looks like we will end up paying attorneys hundreds of thousands of dollars while we are left with nothing to share. - Is this your question? Add additional information
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Answers (2)

Michael John Gainer

Michael John Gainer

Contributor Level 6
I have heard of many people in this type of situation, where the other party just can't make up their mind or will not be reasonable in resolving the dispute. Unfortunately, you cannot control what she decides to do -- reconcile, hire/fire her attorney, etc. Washington is a no-fault divorce state, so if one party wants it to be a divorce, that 's what it will be. She's entitled to change her mind. We often see couples who vacilate between reconciliation and divorce. However, if she fires her lawyer, he or she has to withdraw, unless she changes her mind.

Now, if there is a restraining order or any other orders that would be affected by her admissions or statements in the letters, that could be important is setting aside or changing the orders.

Of course, it is always in both parties' best interest to cooperate and provide full disclosure to resolve the disputes. At some point, often after both of you receiving attorney's bills, you may be able to set the emotions aside and make good business decisions for the two of you that will leave the two of you with more money than the lawyers. Unfortunately, I often see cases like yours where the attorneys are likely both going to be paid by you, the significant wage earner, so the other side has little incentive to be efficient and resolve the dispute.

However, you have not stated any facts whatsoever that would lead to a criminal action against either lawyer, let alone a malpractice action. The other lawyer represents your wife to the best of his or her ability. I see many cases where people want to fire their lawyer and go it alone or find someone new, but often, after more discussion, the decision is made to keep the lawyer. Again, that is between your wife and her attorney. She gets to make good or bad decisions as a competent adult.

As far as your lawyer, you may not like the results, but you should listen to his or her advice and decide what you want to do. He represents you and will have to follow your decisions or withdraw from the case. Mediation is not binding unless you have agreed to a settlement. The mediator is there to help facilitate settlement, not decide the case, so the decision to settle any issues was totally in your control. If you didn't like the terms of the settlement, you didn't have to agree or sign anything. However, you can always try to get a second opinion on what has happened or what could happen.

In general, if you have an experienced family law attorney who regularly practices in the county, he or she is going to have a very good idea what the court will likely do, so that gives you a ballpark for trying to settle the case. You may not like what he or she has to say, or think it is unfair, wrong, etc., but it is nost likely the law and likely reults based on the experience of the lawyer. Again, you can get a second opinion.

I can also tell you that with a business to evaluate and allegations that could give rise to restraining orders and freezing of assets, $20,000 does not surprise me at all. Of course, you should review your bill and discuss anything that seems excessive with the attorney, but, in general, a lawyer is often working very hard on a case and tries to handle most of the issues, problems, research and communications that you may not know are necessary or being done until you receive the bill. They get paid by the hour for the work they are doing on your behalf. I guess it would be similar to a patient of yours complaining that the work you did should have only been $ 200 because that is what their friend's cost or what they think is fair and you sent him a bill for $2,000 because you did the work and that is what you charge. If you believe thebill or work was not right or excessive, you may want to review it with another attorney to get some perspective or ask that the bill be arbitrated through fee arbitration with the bar association.
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Michael John Gainer

Michael John Gainer

Contributor Level 6
Now, as far as the alimony, or spousal maintenance, the court primarily looks at the length of the marriage, her financial need and your ability to pay. Unlike child support, in Washington there is no set schedule for the amount or length of support. In general, in short term marriages, less than 8 years, the support may not go very long at all, just beyond the time it takes to resolve the case to 1-2 years. Mid-term marriages, 8-14 years, there will likely be support for 2-4 years. Long-term marriages, depending on the age of your wife, could go for much longer. Many factors will affect the amount and length, including her work history, health, education and training, as well as your earning history and ability to pay.

As a result, alimony is often a very difficult issue to settle.

In addition, when finances are in question, the court may want to put a hold on any spending other than the basics until there has been agreement or court order, so the parties have time to exchange records and bills.
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